senator diane feinstein of california introduce the assault weapons ban which they did have for ten years. my question, we'll see the votes in the house and senate. but the last time the ban was passed, was there any meaningful challenge to it? >> there wasn't because that was a '94 and the nra at the time is said to have believed they did not have a particularly friendly make-up on the supreme court. >> bill: so the nra didn't challenge it. >> no, 'cause they didn't want gun rights being adjudicated under that court. the court looks very different now, more right leaning than then. and number two, this ban that she has proposed is much more broad than the one that was put in place back in 1994. we're still getting our first look at it. but it looks like, among other things, she wants to ban hand guns that have detachable magazines. >> bill: clips. >> and one characteristic of a military weapon. the ban in '94, you had to have two or more characteristics. this passed this new york state and there have been suggestions that the new york state prohibition is going to be found unconstitution